Others

SpicyIP Tidbit : IPAB’s Delhi Registry/Bench inaugurated !


Readers, we have an interesting bit of information for you ! The Delhi registry-cum-bench of the Intellectual Property Appellate Board (IPAB) was officially inaugurated on the 31st of August by Delhi High Court Chief Justice G Rohini. The event was attended by several eminent dignitaries. Although the function was supposed to be presided by Nirmala Sitharaman, Minister of State (independent charge) for Commerce and Industry, she remained unable to attend on account of other commitments – the event continued in her absence….


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Copyright

‘Ram Gopal Varma Ki Aag’ Loses (More) Money


rgv

Eight years after being classified a ‘disaster’ by boxofficeindia.com, scoring a 2/10 on IMDB and an 8% on Rotten Tomatoes, the tragic tale of Ram Gopal Varma ki Aag continues. The movie has now been held by the Delhi High Court to be violative of the moral rights of the authors of Sholay. The Court has further prescribed punitive damages of Rs.10 Lakh plus costs upon Ram Gopal Varma and his Production House. Read the judgment here. The rights owners…


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Others

National Patent Drafting Competition: Disclosures Released


As Kiran reported earlier, IIPRD is conducting a National Patent Drafting Competition to spread awareness on patent issues and enable practitioners to perfect the art of patent drafting. Marking the start of the competition window, IIPRD and Khurana and Khurana have uploaded three invention disclosures on their websites, one each in the categories of chemistry/pharma, electronics/software, and mechanical subject matter. The competition is open until the 20th of September, the deadline for entries. What’s more, the registration fee for SpicyIP…


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Patent

Breaking News: Delhi HC Issues Notice on “Patent Working” PIL


patent working

In a development that will have significant ramifications for patent working norms in India, the Delhi High Court (Chief Justice Rohini and Justice Jayant Nath) issued notice today to the Government of India in a PIL (Public Interest Litigation) filed by me. I was represented by my counsels, Abhimanyu Bhandari and Sai Vinod. Both represented me probono and I have to really thank both of them for their outstanding advocacy. I also want to thank Murali Neelakantan, Hersh Sewak, Gopal…


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Patent

IPO issues updated guidelines for computer related inventions


IP Office - CRI guidelines

Last week was a busy week at our patent office!! The Controller General issued clarifications under the Designs Act / Rules, and these examination guidelines under the Patent Act / Rules.  I will not do an analysis of the guidelines but simply extract out some relevant parts for our readers.  For more our readers can refer to our previous posts on Section 3(k) here, here, here, here, and here, and others.  These guidelines are extremely detailed and would definitely be helpful to practitioners,…


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Others

Weekly Review (17 to 22 August)


unnamed

Our Highlight of the Week is Spadika’s fascinating post on the ‘Coalition for Affordable Drugs’, a series of hedge funds formed by American billionaire hedge fund manager Kyle Bass, and its strategy of using the ‘Inter Partes Review’ process to bring down the prices of drugs. She also discusses how Kyle Bass profits from the process by ‘shorting’ the stocks of the company in question. She points out the potential issues with the technique, noting that Celgene Corporation, one of…


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Others

Guest Post: IP conferences, judges & ethics: A presumption of bias?


positive_bias_crop380w (1)

Prashant Reddy has for our readers a very well worded post which addresses the issue of the general perception that judges may become bias after attending industry sponsored conferences, in a very perceptive manner. His observation of this issue provides an alternate view to an earlier post on the same issue here. Prashant is an independent IP consultant. He was an integral part of SpicyIP for many years and is a prolific writer! IP Conferences, judges & ethics: A presumption of…


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Designs Patent

Spicyip Tidbit: IP Office provides (much needed) clarification in Designs Act


Till recently, the provisions of the Design Act were being interpreted by the IPO as being applicable and giving protection only to the object applied for in the application, i.e. the registration was limited to only the model depicted in the application, or a limited application.   Let me illustrate by an example, if a particular class and sub-class example were used for a product, then the registration was limited to only the class and sub-class.  This was a very…


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Copyright Overlaps in IP

SpicyIP Tidbit: David and Goliath, an IPR Story


(Image Source: https://flic.kr/p/55678C)

In an interesting turn of events, we would seem to have a great David and Goliath IPR story on our hands. In proceedings at the Bengaluru City Civil Court, the Pearson’s Indian subsidiary has been restrained from infringing upon the intellectual property of a start-up, New Rubric Solutions. This post discusses the facts and circumstances of the case, based on available news-reports. Pearson’s is the Goliath in this story, being an international education giant which is also huge in the…


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Patent

Saxagliptin CL Round 1: Controller shoots down Lee Pharma


As we’d reported a couple of days ago, the Controller of Patents has issued a prima facie finding on Lee Pharma’s Compulsory License application to manufacture saxagliptin, AstraZeneca’s patented anti-diabetic drug. The order [PDF], dated 12 August 2015, has just been uploaded to the IPO website. The Controller’s prima facie findings seem to be almost perfectly aligned with our assessment of Lee Pharma’s application. While he agrees that Lee is an interested party and has made bona fide attempts to negotiate a voluntary license, he finds that Lee…


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